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CRB OPINIONS AND ANNOTATIONS |
CASE NO. 6141 CRB-5-16-10
COMPENSATION REVIEW BOARD
WORKERS’ COMPENSATION COMMISSION
OCTOBER 24, 2016
KYLEEN DARRAH
CLAIMANT-APPELLEE
v.
CARMEN ANTHONY FISH HOUSE
EMPLOYER
and
AMTRUST NORTH AMERICA
INSURER
RESPONDENTS-APPELLANTS
On September 27, 2016 the trial commissioner acting for the Fifth District issued an Order assessing a penalty pursuant to Sec. 31-288(b).
An appeal was taken from that Order by respondents on October 13, 2016. No record exists. Due process requires an evidentiary hearing where a record can be created. Absent a record the Compensation Review Board cannot properly consider this appeal pursuant to Sec. 31-301(a).
The matter is therefore remanded to the trial commissioner for a formal hearing or other appropriate action. See Morgillo v. Ginnetti Trucking, 6009 CRB-3-15-3 (May 22, 2015); Brennan v. Comcast Corporation, 5638 CRB-6-11-3 (April 1, 2011).
John A. Mastropietro, Chairman
Compensation Review Board
Workers’ Compensation Commission
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CRB OPINIONS AND ANNOTATIONS |